Before McMILLIN, P.j., Coleman, And Southwick, JJ.
The opinion of the court was delivered by: Coleman, J.
DATE OF JUDGMENT: 01/10/97
TRIAL JUDGE: HON. GRAY EVANS
COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT
DISTRICT ATTORNEY: FRANK CARLTON
NATURE OF THE CASE: CRIMINAL - OTHER
THE TRIAL JUDGE DISMISSED RANDALL'S PETITION REQUESTING THAT HE BE AWARDED EXECUTIVE GOOD TIME FOR WORK PERFORMED DURING 1994 ICE STORM.
DISPOSITION: AFFIRMED - 3/23/99
MOTION FOR REHEARING FILED:
¶1. Ivory J. Randall appeals from an order rendered by the Circuit Court of Sunflower County by which that court dismissed Randall's petition to be credited with executive time for work that he performed during the severe winter storm which gripped the Delta in February 1994 pursuant to Executive Order No. 747 issued by Governor Kirk Fordice on April 12, 1994. Randall appeals to present the following four issues, which we quote from his brief:
1. WHETHER CIRCUIT COURT ERRED IN HOLDING THAT IT HAD NO JURISDICTION TO INTERVENE IN MATTER WHERE IT WAS CLEAR, FROM COURT'S OWN ORDER, THAT APPELLANT "PROBABLY DID DO SOME EXTRA WORK" AND WHERE CIRCUIT COURT HAD ERSTWHILE GRANTED RELIEF TO ANOTHER PETITIONER PURSUANT TO THE SAME EXECUTIVE ORDER NO. 747.
2. WHETHER THE 14TH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE 3, SECTION 14, OF THE MISSISSIPPI CONSTITUTION, REQUIRED THAT APPELLANT BE ALLOWED CREDIT FOR THE WORK HE PERFORMED DURING THE EMERGENCY ICE STORM SINCE, A) THE WORK PERFORMED WAS EXTRA WORK (IN EXCESS OF APPELLANT'S REGULAR PRISON ASSIGNMENT), AND B) WHERE OTHER INMATES WHO HAD ACTUALLY PERFORMED EXTRA WORK ON THE PREMISES OF THE INSTITUTION, TO AIDE THE INSTITUTION IN THE WAKE OF THE DISASTER, HAD BEEN GRANTED EXECUTIVE EARNED TIME UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 747.
3. WHETHER APPELLANT WAS SUBJECTED TO A GRIEVOUS LOSS, TRIGGERING THE PROTECTION OF THE CONSTITUTION, WHERE THE COURT BASED ITS REASON, IN PART, UPON A FINDING THAT APPELLANT DID NOT PERFORM ANY HAZARDOUS WORK AND SINCE THIS REASON WAS CLEARLY ERRONEOUS IN VIEW OF FACT THAT EXECUTIVE ORDER DID NOT SPECIFY OR LIMIT CREDIT TO HAZARDOUS WORK ONLY AND SINCE OTHER INMATES, WHO PERFORMED THE SAME TYPE WORK AS APPELLANT, RECEIVED SUCH CREDITS.
4. WHETHER EQUITY DEMANDED THAT APPELLANT BE ALLOWED HIS CREDITS, JUST AS THE PETITIONER IN DANTZLER V. FORDICE, 95-0172M, SINCE BOTH INMATES PERFORMED COMPATIBLE WORK DURING THE ICE STORM ...